The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 17
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...issued upon six bills of indictment; that plaintiff in error agreed to become his bail; the sheriff had filled out several bonds which he had signed, and others were not filled out; plaintiff signed the six bonds, and instructed the sherifi to insert the name of the obligee and the penalty of fifty dollars, both of which he well knew, and left before the last bonds had been filled out. The court instructed the jury that under this plea or answer respondent must make out his case; and further, that the facts here assigned thereon. 'being true, the respondent was liable. These rulings were excepted to, and error is James F. Rogers, Ray Q' Walker, by J. H. Lumpkin, for plaintiff ill 9I'TY'-14-LMficliell, Solicitor General, by Harrison Q Peeples, contra BLANDFORD, J., in delivering the opinion of the court, said: 1. The first error asBlgned is that the court erred in ruling that under this answer of respondent the onus Was not changed, but that it was incumbent on defendant to sustain his answer. This was n. special defence. The signing of the bond is admitted, but defendant insists that he is not bound thereby. This is not a general plea of non estfactum, but a special plea. In such a case the respondent is bound to sustain his plea by pr00fI-S0 the 430 PETERS v. HOW. court "did not err as complained of in this ground. And this can make no difference, as the proofs went to the jury, and thus plaintifi in error sustained no harm from the ruling. 2. The next question is graver, and is environed with greater difficulties. Where a bond has been signed in bhink with the obligee's name and the penalty not inserted, and the ohligor directs an ofiicer who is authorized to take such bond to insert the name of the obligee...
- 189 x 246 x 30mm | 1,025g
- 13 Sep 2013
- United States
- black & white illustrations